Federal Judge Upholds Part of Alabama Immigration Law

There is more good news today in the fight against illegal immigration at the state level (and bad news for the Obama Administration’s policy against enforcement of immigration laws).

This afternoon, federal district court Judge Sharon Blackburn in Alabama issued an opinion refusing the Obama Administration’s request that the court enjoin (that is, prevent from going into force) large portions of the comprehensive and controversial Alabama immigration law (H.B. 56). Recall that the Obama Justice Department (DOJ) had filed a complaint against the State of Alabama in federal court seeking declaratory and injunctive relief. DOJ claimed that various provisions of H.B. 56 were preempted by federal law and therefore violated the Supremacy Clause of the U.S. Constitution.

However, the legal landscape regarding preemption in the area of immigration law changed dramatically when the U.S. Supreme Court issued its decision in Chamber of Commerce v. Whiting on May 26, 2001. As we wrote here, the high court upheld an Arizona state law that forced employers to use the E-Verify system and revoked the business licenses of employers who knowingly hired illegal immigrants. Alabama’s new law has similar provisions.

The Department of Justice also argued in that case that federal immigration law and the Supremacy Clause of the Constitution preempted the State of Arizona from taking such actions, but the DOJ lost that argument.

It is against that backdrop that Judge Blackburn issued her 115-page opinion today, in which she held that the Justice Department did not meet the legal requirements for a preliminary injunction on various provisions of H.B. 56. Specifically, she denied the motion for the preliminary injunction on:

Section 10: which makes willful failure to carry alien registration documents as required under federal law a misdemeanor under Alabama law ;

Section 12(a): that requires a law enforcement officer to make a reasonable attempt, when practicable, to determine the citizenship and immigration status of a person stopped, detained, or arrested when reasonable suspicion exists that the person is an alien who is unlawfully present in the United States;

Section 18: which amends Alabama law regarding driving without a license and requires officers who arrest a person without a license to make reasonable efforts to determine the person’s citizenship;

Section 27: that bars Alabama courts from enforcing contracts with a person who is an illegal alien;

Section 28: which requires every public elementary school and secondary school in Alabama to determine if an enrolling student was born outside of the United States or is a child of an illegal alien; and,

Section 30: that makes it a felony for an illegal alien to enter into a business transaction with the State of Alabama or any political subdivision thereof.

The federal court granted the federal government’s motion for a preliminary motion on four sections of H.B. 56, including provisions that made it a misdemeanor for illegal aliens to work; for someone to harbor, encourage, or transport an illegal alien; which forbid employers from claiming any wages paid to an illegal alien as business tax deductions; and that allowed civil suits against employers for hiring illegal aliens.

The Administration can appeal Blackburn’s ruling, but major portions of Alabama’s new law are now in effect.

The Daily Signal depends on the support of readers like you. Donate now

Charles “Cully” Stimson is a leading expert in national security, homeland security, crime control, immigration and drug policy at The Heritage Foundation’s Center for Legal and Judicial Studies and the Center for National Defense. Read his research.

Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Read his research.

Join The Discussion

I am so proud of the State of Alabama. I agree with our constitution and the enforcement . I do not want to pay for illegal aliens education, health care and doctors care. I do want to help our natural born citizens, not children of illegal aliens children that were born in the USA . The fraud is obvious, Christians continue to do what we believe is the way to treat everyong, but I do believe in CHRISTIAN SOLDIERS. We have to remain strong, What about the news that nuclear bombs have crossed out boarder, are in the"sleeper cells here in the USA, waiting for their order to activate their nuclear bombs, The nuclear bomb accessories, "for lack of a better word" that were missing from the Russians years ago, are to believed to have been sold to Iran?? or other haters of the USA. This large plan to destroy the USA, the nuclear stuff, placed in the large USA cities. I have received this information from listening to the talk radio host, narrated by several news worthy host.

I perosnally think this is a step in the wrong direction and will waste tax payers money in amendments. We should research in more law essays and bring vital evidence that will conclude even the decisions the right one. Maybe even a dissertation?

The message should be getting clearer to the illegal population, we are a nation of laws and if you break them on a regular basis that eventually you will be held accountable, at least in Alabama and Arizona. How refreshing to see a state stepping up and correcting obviously corrupted federal policy!! This just proves that the STATES and consequently the PEOPLE have the power to control the laws not the crooks in Washington D.C.

Joe,
It's the Federal Law that your own Govt refuses to enforce left up to each state to enforce.
It will save American tax payers trillions in welfare costs now being paid-out for, "cradle to grave" welfare program made available through, Sanctuary policy.
The states that refuse to comply are caving in for all costs based on this issue.
If you feel secure in your State because you're not near a border state you're delusional, based on all facts surrounding this issue. Where does it say in our Constitution that anyone here illegally, deserves to be supported by US?
If you see this issue as a moral obligation, please invite them into your house and support them.We have ~ 400,000 illegals living off of us in AZ.
When you do write your dissertation start by thanking Alabama for understanding what is our legal due process, generally left out for all discussion on this issue and for protecting the citizens within that State from further bankruptcy.
Thank You Alabama! http://www.southernexposuredocumentary.us/

I for one think we should take Mexico by invasion. We will change the name of it to TAXICO. A 50 mile no mans land with all the signage that states you should not be here in several languages should be posted. Now drug dealers get an even break as all the people in the US enjoy the effect of our newest resort country. Paid for by all the money we will save in fencing, deportation,drug rehab and taxes we charge for visiting Taxico. Oh yes don't forget all the aid we will now save too! A smaller boarder to defend down there and all the jobs we will create. After they all run home to enjoy the good life we will make that choice when we have a pair in the white house. All the monies the states will save can be used to rehab (IN TAXICO) all the druggies.

It may not be perfect but ift is someplace to start and I have dreams of it already. Poof back to the real world. There are not enough American WORKERS that are drug free, have work eithic and a willingness to work. So what are we doing paying all this unemployment, get off you ass and go to work America or they will have your job because they are willing to WORK.

This is a common sense issue, no reason to make more of it. Do we need laws for definition of practice and order, and something less than chaos in our society? If thats not obvious to you, its a waste to speak with you.

We keep hearing the hearts and flowers comment of "What do you do with the kids born here"? Simple, illegal parents make up your mind to either take the child with you or put it up for adoption and leave it here. If it is a citizen, it is fair and cheaper to care for the child until adopted, than to leave the rest of the family here.

Immigration Law issues are Federal Government issues. Children born in the U.S.A. to immigrant parents are not considered U.S. Citizens. At least one parent has to be a U.S. Citizen in order for the child to be a U.S. Citizen. So basically, just because a pregnant immigrant comes to the U.S.A. to have her baby does not qualify that baby to be a U.S. Citizen.

I agree that each state or the federal government should not provide welfare services to illegal immigrants. Our nation needs to take care of the needs of our citizens first. All states need to follow federal law that pertains to Immigration Law. The Federal Government also needs to follow the laws that they set in motion. The problem is this: the government has been too lax about their own laws for far too long. Also, some of these laws may need to be re-reviewed & changed to our nations current situation. (Example: If Americans went abroad illegally to another country, they would be sent back to the U.S.A. All countries have their own & similar policies as the U.S.A. & other countries seem to enforce their countries' laws/policies & so should the U.S.A.) Immigrants that possess a special skill, have at least a bachelor's degree & will receive prevailing wages without effecting U.S. workers, or a foreign business owner wanting to own a business in the U.S.A. to create jobs for citizens can obtain certain types of Visas to enter the U.S.A. legally. (The JAPANESE have done this successfully with TOYOTA & HONDA.) The same holds true for any nation around the globe. Other countries are not willing & do not want to take on more debt or go bankrupt. Our nation should be no different.

Illegal immigrants & the people of our nation need to be educated about immigration law & how the process works. The U.S.A. cannot possibly grant every person that wants to be a Legal Resident or Citizen of our country citizenship, it would bankrupt our country or put us into further debt. The U.S.A. can only grant a certain # every year. There is a waiting list for the immigrants that have gone through the proper channels, filled out forms, paid their dues & are waiting to come here. So, the illegals need to understand this & think about their actions. They are preventing or delaying legal immigrants their rights to be here, & I'm not just talking about Mexicans!

Illegal immigrants that are already here in the U.S.A. need to be dealt with humanely, & at the same time need to understand that they need to go through the process, fill out forms & pay their dues also. Maybe there needs to be a special provision in the immigration law with regards to the illegals fleeing from Mexico due to the drug cartels. We do have Asylum for refugees. …My heart goes out to them, because they have been placed in a very tough situation. I understand that Mexicans are being murdered execution style down there by vicious drug cartel & I am outraged. I wish that our U.S. military could go down to Mexico & eliminate these vicious bastards. If Mexico could go back to being a peaceful nation, many Mexicans would return home, especially those that have been here for quite some time.

At any rate, everything begins with education of the immigration process with immigrants, with U.S. Citizens, & with state & federal governments working together to resolve these pressing issues.

Don’t have time to read the Washington Post or New York Times? Then get The Morning Bell, an early morning edition of the day’s most important political news, conservative commentary and original reporting from a team committed to following the truth no matter where it leads.

Email address

Ever feel like the only difference between the New York Times and Washington Post is the name? We do. Try the Morning Bell and get the day’s most important news and commentary from a team committed to the truth in formats that respect your time…and your intelligence.